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Alfredo Rodriguez v. Christopher Artuz, Superintendent, Green Haven Correctional Facility, 98-2252 (1998)

Court: Court of Appeals for the Second Circuit Number: 98-2252 Visitors: 12
Filed: Dec. 21, 1998
Latest Update: Feb. 22, 2020
Summary: 161 F.3d 763 Alfredo RODRIGUEZ, Petitioner-Appellant, v. Christopher ARTUZ, Superintendent, Green Haven Correctional Facility, Respondent-Appellee. No. 98-2252. United States Court of Appeals, Second Circuit. Argued Dec. 11, 1998. Decided Dec. 21, 1998. Marsha R. Taubenhaus, New York City, for Petitioner-Appellant. Joseph N. Ferdenzi, Assistant District Attorney, Bronx County (Nancy D. Killian, Assistant District Attorney, of counsel), Bronx, New York, for Respondent-Appellee. Before: WINTER, Ch
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161 F.3d 763

Alfredo RODRIGUEZ, Petitioner-Appellant,
v.
Christopher ARTUZ, Superintendent, Green Haven Correctional
Facility, Respondent-Appellee.

No. 98-2252.

United States Court of Appeals,
Second Circuit.

Argued Dec. 11, 1998.
Decided Dec. 21, 1998.

Marsha R. Taubenhaus, New York City, for Petitioner-Appellant.

Joseph N. Ferdenzi, Assistant District Attorney, Bronx County (Nancy D. Killian, Assistant District Attorney, of counsel), Bronx, New York, for Respondent-Appellee.

Before: WINTER, Chief Judge, JACOBS, and POOLER, Circuit Judges.

PER CURIAM:

1

Alfredo Rodriguez appeals from Judge Sotomayor's order dismissing his petition for a writ of habeas corpus as untimely under 28 U.S.C. § 2244(d)(1). Rodriguez contends that application of the one-year statute of limitations in Section 2244 effects an unconstitutional suspension of the writ of habeas corpus. See U.S. Const., Art. I, § 9, cl. 2. We affirm for substantially the reasons stated by the district court. See Rodriguez v. Artuz, 990 F. Supp. 275 (S.D.N.Y.1998).

Source:  CourtListener

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